THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 
________ 

ARRANGEMENT OF SECTIONS 
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PREAMBLE 

SECTIONS 

1.  Short title. 
Extent. 
2.  [Repealed.]. 
3.  Interpretation-clause. 

PRELIMINARY 

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED 

PART I 

4.  Marriages to be solemnized according to Act. 
5.  Persons by whom marriages may be solemnized. 
6.  Grant and revocation of licenses to solemnize marriages. 
7.  Marriage Registrars. 

Senior Marriage Registrar. 
Magistrate when to be marriage Registrar. 

8.  [Omitted.]. 
9.  Licensing of persons to grant certificates of marriage between Indian Christians. 

TIME AND PLACE AT WHICH MARRIAGESMAY BE SOLEMNIZED 

PART II 

10.  Time for solemnizing marriage. 

Exceptions. 

11.  Place for solemnizing marriage. 

Fee for special license. 

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGIONLICENSED UNDER THIS ACT 

PART III 

12.  Notice of intended marriage. 
13.  Publication of such notice. 
Return or transfer of notice. 

14.  Notice of intended marriage in private dwelling. 
15.  Sending copy of notice to Marriage Registrar when one party is a minor. 
16.  Procedure on receipt of notice. 
17.  Issue of certificate of notice given and declaration made. 

Proviso. 

18.  Declaration before issue of certificate. 
19.  Consent of father, or guardian, or mother. 
20.  Power to prohibit by notice issue of certificate. 
21.  Procedure on receipt of notice. 
22.  Issue of certificate in case of minority. 
23.  Issue of certificates to Indian Christians. 

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SECTIONS 

24.  Form of certificate. 
25.  Solemnization of marriage. 
26.  Certificate void if marriage not solemnized within two months. 

PART IV 

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 

27.  Marriages when to be registered. 
28.  Registration of marriages solemnized by Clergymen of Church of England. 
29.  Quarterly returns to Archdeaconry. 

Contents of returns. 

30.  Registration and returns of marriages solemnized by Clergymen of Church of Rome. 
31.  Registration and returns of marriages solemnized by Clergymen of Church of Scotland. 
32.  Certain marriages to be registered in duplicate. 
33.  Entries of such marriages to be signed and attested. 
34.  Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar General. 
35.  Copies of certificates to be entered and numbered. 
36.  Registrar to add number of entry to certificate, and send to Registrar General. 
37.  Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and 

(3) of section 5. 
Custody and disposal of register-book. 

PART V 

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR 

38.  Notice of intended marriage before Marriage Registrar. 
39.  Publication of notice. 
40.  Notice to be filed and copy entered in Marriage Notice Book.  
41.  Certificate of notice given and oath made. 

Proviso. 

42.  Oath before issue of certificate. 
43.  Petition to High Court to order certificate in less than fourteen days. 

Order on petition. 

44.  Consent of father or guardian. 

Protest against issue of certificate. 
Effect of protest. 

45.  Petition where person whose consent is necessary is insane, or unjustly withholds consent. 

Procedure on petition. 

46.  Petition when Marriage Registrar refuses certificate. 

Procedure on petition. 

47.  [Omitted.]. 
48.  Petition when Registrar doubts authority of person forbidding. 

Procedure on petition. 

49.  Liability for frivolous protest against issue of certificate. 
50.  Form of certificate. 
51.  Solemnization of marriage after issue of certificate. 
52.  When marriage not had within two months after notice, new notice required. 
53.  Marriage Registrar may ask for particulars to be registered. 
54.  Registration of marriages solemnized under part V. 

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SECTIONS 

55.  Certificates to be sent monthly to Registrar General. 

Custody of register-book. 

56.  [Omitted.]. 
57.  Registrars to ascertain that notice and certificate are understood by Indian Christians. 
58.  Indian Christians to be made to understand declarations. 
59.  Registration of marriages between Indian Christians. 

PART VI 

MARRIAGE OF INDIAN CHRISTIANS 

60.  On what conditions marriages of Indian Christians may be certified. 
61.  Grant of certificate. 
62.  Keeping of register-book and deposit of extracts therefrom with Registrar General. 
63.  Searches in register-book and copies of entries. 
64.  Books in which marriages Indian Christians under Part I or Part III are registered. 
65.  Part VI not to apply to Roman Catholics. 

Saving of certain marriages. 

PART VII 

PENALTIES 

66.  False oath, declaration, notice or certificate for procuring marriage. 
67.  Forbidding, by false personation issue of certificate by Marriage Registrar. 
68.  Solemnizing marriage without due authority. 
69.  Solemnizing marriage out of proper time, or without witnesses. 

Saving of marriages solemnized under special licence. 

70.  Solemnizing without notice or within fourteen days after notice, marriage with minor. 
71.  Issuing certificate, or marrying, without publication of notice; 

Marrying after expiry of notice; 
Solemnizing, marriage with minor within fourteen days, without authority of Court, or without 
sending copy of notice; 
issuing certificate against authorized prohibition; 

72.  Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or 

against authorized prohibition. 

73.  Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or 

certificate,  or  marrying,  without  publishing  notice,  or 

Rome); 
issuing 
certificate; 
issuing certificate for,  or solemnizing, marriage with minor, within fourteen days after notice; 
issuing certificate authorizedly forbidden; 
solemnizing marriage authorizedly forbidden; 

after 

expiry  of                     

74.  Unlicensed person granting certificate pretending to be licensed. 
75.   Destroying or falsifying register-books. 
76.  Limitation of prosecutions under Act. 

PART VIII 

MISCELLANEOUS 

77.  What matters need not be proved in respect of marriage in accordance with Act. 
78.  Corrections of errors. 
79.  Searches and copies of entries. 

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SECTIONS 

80.  Certified copy of entry in marriage register, etc., to be evidence. 
81.  Certificates of certain marriages to be sent to Central Government. 
82.  State Government to prescribe fees. 
83.  Power to make rules. 
84.  [Omitted.]. 
85.  Power to declare who shall be District Judge. 
86.  [Omitted.]. 
87.  Saving of Consular marriages. 
88.  Non-validation of marriages within prohibited degrees. 

SCHEDULE I.—NOTICE OF MARRIAGE. 

SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE. 

SCHEDULE III.—FORM OR REGISTER OF MARRIAGES. 

SCHEDULE IV.—MARRIAGE REGISTER-BOOK. 

SCHEDULE V.—[Repealed.]. 

CERTIFICATE OF MARRIAGE. 

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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 

ACT NO. 15 OF 1872 

An Act to consolidate and amend the law relating to the solemnization in India of the marriages 

of Christians. 

PREAMBLE.—WHEREAS it is expedient to consolidate and amend the law relating to the solemnization 

in India of the marriages of persons professing the Christian religion;  

[18th July, 1872.] 

It is hereby enacted as follows:— 

PRELIMINARY 

1. Short title.—This Act may be called the Indian Christian Marriage Act, 1872. 
Extent.—1[It extends to the whole of India 2[except 3[the territories which, immediately before the 1st 

November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and 4***].]5 

6* 

 *  

*  

* 

 * 

2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of1938), s. 2 and the Schedule. 

3.  Interpretation  clause.—In  this  Act,  unless  there  is  something  repugnant  in  the  subject  or 

context,— 

“Church  of  England”  “Anglican”.—mean  and  apply  to  the  Church  of  England  as  by  law 

established; 

“Church of Scotland”.—means the Church of Scotland as by law established; 

“Church of Rome” “Roman Catholic”.—mean and apply to the Church which regards the Pope of 

Rome as its spiritual head; 

“Church”.—includes any chapel or other building generally used for public Christian worship; 
7[“India”.—means the 8[territories] to which this Act extends;] 

“minor”.—“minor” means a person who has not completed the age of twenty-one years and who is 

not a widower or a widow; 

9*    

*  

*  

*  

*  

“Christians”.—the expression “Christians” means persons professing the Christian religion;  

“Indian Christians”.—10[and the expression  “Indian Christians” includes the Christian descendants 

of natives of India converted to Christianity, as well as such converts;] 

1. Subs. by A.O. 1950 for the second para., as amended by A.O. 1937 and A.O. 1948: [NOTE: The Act does not extend to the 
State of Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. As amended by Act 68 of 1956, s. 2. The Act has been extended to and 
brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.] 
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States”. 
3. Subs. by the Adaption of Laws (No. 2) Order, 1956, for “the States”. 
4. The words “State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 
5. In its application to Pondicherry, in section 1, the following proviso shall be added at the end of section 1— 
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”—              

(vide Act 26 of 1968). 

6. The commencement cl. rep. by Act 16 of 1874, s. 1 and the Schedule. 
7. Ins. by Act 3 of 1951, s. 3 and Sch. 
8. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “territory comprised in the States”. 
9. The definition of “Native State” omitted by the A.O. 1937. 
10. Subs. by A.O. 1950, for the definition. 

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births, Deaths 
and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).] 

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED 

PART I 

4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of 
whom is 2[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the 
next  following  section;  and  any  such  marriage  solemnized  otherwise  than  in  accordance  with  such 
provisions shall be void. 

5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3[India]— 

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized 

according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; 

(2)  by  any  Clergyman  of  the  Church  of  Scotland,  provided  that  such  marriage  be  solemnized 

according to the rules, rites, ceremonies and customs of the Church of Scotland; 

(3) by any Minister of Religion licensed under this Act to solemnize marriages; 

(4) by, or in the presence of, a Marriage Registrar appointed under this Act; 
(5)by  any  person  licensed  under  this  Act  to  grant  certificates  of  marriage  between  4[Indian 

Christians].  

5[6.Grant  and  revocation  of  licenses  to  solemnize  marriages.—The  State  Government,  so  far  as 
regards  the  territories  under  its  administration,  6***  may,  by  notification  in  the  Official  Gazette  7***, 
grant licenses to Ministers of Religion to solemnize marriages within such territories 8*** and may, by a 
like notification revoke such licenses.] 

7.  Marriage  Registrars.—The  State  Government  may  appoint  one  or  more  Christians,  either  by 
name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for 
any district subject to its administration. 

Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the 

State Government shall appoint one of them to be the Senior Marriage Registrar. 

Magistrate  when  to  be  Marriage  Registrar.—When  there  is  only  one  Marriage  Registrar  in  a 
district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the 
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or 
temporary vacancy. 

KARNATAKA 

STATE AMENDMENT 

In section 7, for the words, “Magistrate of the district” the words “District Magistrate” shall be substituted. 

[Vide Karnataka Act 13 of 1965, s. 67 and Schedule] 

8. [Marriage Registrars in Indian States.]—Omitted by the A. O. 1950. 

9.Licensing of persons to grant certificates of marriage between Indian Christians.—The State 
Government  9*** may  grant a license to any Christian, either by name or as holding any office for the 
time being, authorizing him to grant certificates of marriage between4[Indian] Christians. 

1. Ins. by Act 6 of 1886, s. 30. 
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule. 
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”. 
4. Subs. by the A. O. 1950, for “Native Christians”. 
5. Subs. by Act 2 of 1891, s. 1, for s. 6. 
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A.O. 1950. 
7. The words “or in the Gazette of India, as the case may be” omitted by the A.O. 1937. 
8. The words “and State, respectively,” omitted by the A.O. 1950. 
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A.O. 1950. 

6 

 
                                                           
 Any such license may be revoked by the authority by which it was granted, and every such grant or 

revocation shall be notified in the Official Gazette. 

TIME AND PLACE AT WHICH MARRIAGESMAY BE SOLEMNIZED 

PART II 

10. Time for solemnizing marriage.—Every  marriage under this Act shall be solemnized between 

the hours of six in the morning and seven in the evening: 

Exceptions.—Provided that nothing in this section shall apply to— 

(1) a Clergyman of the Church of England solemnizing a marriage under a special license permitting 
him to do so at any hour other than between six in the morning and seven in the evening, under the hand 
and seal of the Anglican Bishop of the Diocese or his Commissary, or 

(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the 
evening and six in the morning, when he has received a general or special license in that behalf from the 
Roman  Catholic  Bishop  of  the  Diocese  or  Vicariate  in  which  such  marriage  is  so  solemnized,  or  from 
such person as the same Bishop has authorized to grant such license, 1[or  

(3)  a  Clergyman  of  the  Church  of  Scotland  solemnizing  a  marriage  according  to  the  rules,  rites, 

ceremonies and customs of the Church of Scotland.] 

11.Place  for  solemnizing  marriage.—No  Clergyman  of  the  Church  of  England  shall  solemnize  a 
marriage in any place other than a church2[where worship is generally held according to the forms of the 
Church of England],  

unless there is no 2[such] church within five miles distance by the shortest road from such place, or  

unless  he  has  received  a  special  license,  authorizing  him  to  do  sounder  the  hand  and  seal  of  the 

Anglican Bishop of the Diocese or his Commissary.  

Fee  for  special  license.—For  such  special  license,  the  Registrar  of  the  Diocese  may  charge  such 

additional fee as the said Bishop from time to time authorizes. 

PART III 

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGIONLICENSED UNDER THIS ACT 

12.Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister 

of Religion licensed to solemnize marriages under this Act— 

one of the persons intending marriage shall give notice in writing, according to the form contained in 
the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires 
to solemnize the marriage, and shall state therein— 

(a)  the  name  and  surname,  and  the  profession  or  condition,  of  each  of  the  persons  intending 

marriage, 

(b) the dwelling-place of each of them,  

(c) the time during which each has dwelt there, and 

(d) the church or private dwelling in which the marriage is to be solemnized: 

Provided that, if either of such persons has dwelt in the place mentioned in the notice during more 

than one month, it may be stated therein that he or she has dwelt there one month and upwards. 

13.Publication  of  such  notice.—If  the  persons  intending  marriage  desire  it  to  be  solemnized  in  a 
particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to 
officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.  

1. Ins. by Act 2 of 1891, s. 2. 
2. Ins. by s. 3, ibid. 

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Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he 
shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some 
other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid. 

14.Notice  of intended marriage  in  private  dwelling.—If  it  be intended that  the  marriage  shall  be 
solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in section 
12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous 
place in his own office. 

15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the 
persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-
four  hours  after  its  receipt  he  returns  the  same  under  the  provisions  of  section  13,  send  by  the  post  or 
otherwise  a  copy  of  such notice  to the Marriage  Registrar  of the  district,  or,  if  there  be  more  than  one 
Registrar of such district, to the Senior Marriage Registrar. 

16.  Procedure  on  receipt of  notice.—The  Marriage  Registrar  or  Senior  Marriage  Registrar, as  the 
case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and 
the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in 
the same district, who shall likewise publish the same in the manner above directed. 

17.  Issue  of  certificate  of  notice  given  and  declaration  made.—Any  Minister  of  Religion 
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by 
or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage 
making the declaration herein after required, issue under his hand a certificate of such notice having been 
given and of such declaration having been made: 

Proviso.—Provided— 

(1) that no such certificate shall be issued until the expiration of four days after the date of the receipt 

of the notice by such Minister; 

(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and  

(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any 

person authorized in that behalf. 

18.  Declaration  before  issue  of  certificate.—The  certificate  mentioned  in  section  17  shall  not  be 
issued until one of the persons intending marriage has appeared personally before the Minister and made 
a solemn declaration— 

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful 

hindrance, to the said marriage,  

And when either or both of the parties is or are a minor or minors,  

(b) that the consent or consents required by law has or have been obtained thereto, or that there is 

no person resident in India having authority to give such consent, as the case may be. 

19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father 
be dead. the guardian of the person of such minor, and, in case there be no such guardian, then the mother 
of such minor, may give consent to the minor’s marriage, 

and  such  consent  is  hereby  required  for  the  same  marriage,  unless  no  person  authorized  to  give  such 
consent be resident in India. 

20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is 
required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at 
any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so 
authorized  with  is  or  her  name  and  place  of  abode  and  position  with  respect  to  either  of  the  persons 
intending marriage, by reason of which he or she is so authorized as aforesaid. 

21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not 
issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the 
said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such 
prohibition,  

8 

 
or until the said notice is withdrawn by the person who gave it. 

22.  Issue  of  certificate  in  case  of  minority.—When  either  of  the  persons  intending  marriage  is  a 
minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is 
required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration 
of fourteen days after the receipt by him of the notice of marriage. 

23. Issue of certificates to Indian Christians.—When any1[Indian Christians] about to be married 
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under 
section 17, such Minister shall, before issuing the certificate, ascertain whether such 1[Indian Christians]is 
cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall 
translate or cause to be translated the notice or certificate to such  1[Indian Christian] into some language 
which he understands. 

24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained 

in the Second Schedule hereto annexed, or to the like effect. 

25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be 
solemnized  between  the  persons therein  described  according  to such form  or  ceremony  as  the  Minister 
thinks fit to adopt: 

Provided  that  the  marriage  be  solemnized  in  the  presence  of  at  least  two  witnesses  besides  the 

Minister. 

26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not 
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such 
certificate and all proceedings (if any) thereon shall be void,  

and  no  person  shall  proceed  to  solemnize  the  said  marriage  until  new  notice  has  been  given  and  a 

certificate thereof issued in manner aforesaid. 

PART IV 

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 

27.  Marriages  when  to  be  registered.—All  marriages  hereafter  solemnized  in  2[India]  between 
persons  one  or  both  of  whom  professes  or  profess  the  Christian  religion,  except  marriages  solemnized 
under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed. 

28.Registration  of  marriages  solemnized  by  Clergymen  of  Church  of  England.—Every 
Clergyman  of  the  Church  of  England  shall  keep  a  register  of  marriages  and  shall  register  therein, 
according to the tabular form  set forth in the Third  Schedule hereto  annexed,  every  marriage  which  he 
solemnizes under this Act. 

29.  Quarterly  returns  to  Archdeaconry.—Every  Clergyman  of  the  Church  of  England  shall  send 
four times in every year returns induplicate, authenticated by his signature, of the entries in the register of 
marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry 
to which he is subject, or within the limits of which such place is situate. 

Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in 
the said register from the first day of January to the thirty-first day of March, from the first day of April, 
to the thirtieth day of June, from the first day of July, to the thirtieth day of September, and from the first 
day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such 
Clergyman, within two weeks from the expiration of each of the quarters above specified. 

The  said  Registrar  upon  receiving  the  said  returns  shall  send  one  copy  thereof  to  the  3[Registrar 

General of Births, Deaths and Marriages]. 

1. Subs. by the A. O. 1950, for “Native Christians”. 
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”. 
3. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”. 

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30.  Registration  and  returns  of  marriages  solemnized  by  Clergymen  of  Church  of  Rome.—
Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and 
according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in 
which such marriage is solemnized,  

and such person shall forward quarterly to the  1[Registrar General of Births, Deaths and Marriages] 

returns of the entries of all marriages registered by him during the three months next preceding. 

31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.—

Every Clergyman of the Church of Scotland shall keep a register of marriages,  

and  shall  register  therein,  according  to  the  tabular  form  set  forth  in  the  Third  Schedule  hereto 

annexed, every marriage which he solemnizes under this Act, 

and shall forward quarterly to the  1[Registrar General of Births, Deaths and Marriages], through the 
Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such 
marriages. 

32.  Certain  marriages  to  be  registered  in  duplicate.—Every  marriage  solemnized  by  any  person 
who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the 
Church  of  Rome,  or  by  any  Minister  of  Religion  licensed  under  this  Act  to  solemnize  marriages,  shall 
immediately  after  the  solemnization  thereof,  be  registered  in  duplicate  by  the  person  solemnizing  the 
same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form 
contained  in  the  Fourth  Schedule  hereto  annexed,  and  also  in  a  certificate  attached  to  the  marriage-
register-book as a counterfoil. 

33.Entries of such marriages to be signed and attested.—The entry of such marriage in both the 
certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by 
the persons married, and shall be attested by two credible witnesses, other than the person solemnizing 
the marriage, present at its solemnization. 

Every such entry shall be made in order from the beginning to the end of the book, and the number of 

the certificate shall correspond with that of the entry in the marriage-register-book. 

34.Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar General.—
The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-
book and send it, within one month from the time of the solemnization, to the Marriage Registrar of the 
district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the 
Senior Marriage Registrar,  

who shall cause such certificate to be copied into a book to be kept by him for that purpose,  

and  shall  send  all  the  certificates  which  he  has  received  during  the  month,  with  such  number  and 
signature or initials added thereto as are hereinafter required, to the 1[Registrar General of Births, Deaths 
and Marriages]. 

35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from 
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and 
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy 
in the said book, according to the order in which he receives each certificate. 

36.Registrar  to  add  number  of  entry  to  certificate,  and  send  to  Registrar  General.—The 
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the 
certificate,  with  his  signature  or  initials,  and  shall,  at  the  end  of  every  month,  send  the  same  to  the 
1[Registrar General of Births, Deaths and Marriages]. 

37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), 
(2) and (3) of section 5.—Whenany marriage between  2[Indian Christians] is solemnized  3[by any such 
person,  Clergyman  or  Minister  of  Religion  as  is  referred  to  in  clause  (1),  clause  (2)  or  clause  (3)  of 
section  5],the  person  solemnizing  the  same  shall,  instead  of  proceeding  in  the  manner  provided  by 

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”. 
2. Subs. by the A. O. 1950, for “Native Christians”. 
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”. 

10 

 
                                                           
sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely 
until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is 
filled, shall make over the same to the person succeeding to his duties in the said district.  

Custody and disposal of register-book.—Whoever has the control of the book at the time when it is 
filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than 
one, to the Senior Marriage Registrar, who shall send it to the1[Registrar General of Births, Deaths and 
Marriages,] to be kept by him with the records of his office. 

PART V 
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR 

38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be 
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give 
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any 
Marriage Registrar of the district within which the parties have dwelt,  

or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each 

district, 

and shall state therein the name and surname, and the profession or condition, of each of the parties 
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and 
the place at which the marriage is to be solemnized: 

Provided that, if either party has dwelt in the place stated in the notice for more than one month, it 

may be stated therein that he or she has dwelt there one month and upwards. 

39.Publication  of  notice.—Every  Marriage  Registrar  shall,  on  receiving  any  such  notice,  cause  a 

copy thereof to be affixed in some conspicuous place in his office.  

When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twenty-
four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of 
such notice to each of the other Marriage Registrars (if any)in the same district, who shall likewise affix 
the copy in some conspicuous place in his own office. 

40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall 

file all such notices and keep them with the records of his office, 

and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that 

purpose by the State Government, and to be called the “Marriage Notice Book”; 

and  the  Marriage  Notice  Book  shall  be  open  at  all  reasonable  times,  without  fee,  to  all  persons 

desirous of inspecting the same. 

41.Certificate of notice given and oath made.—If the party by whom the notice was given requests 
the  Marriage  Registrar  to  issue  the  certificate  next  hereinafter  mentioned,  and  if  one  of  the  parties 
intending  marriage  has  made  oath  as  hereinafter  required,  the  Marriage  Registrar  shall  issue  under  his 
hand a certificate of such notice having been given and of such oath having been made: 

Proviso.—Provided— 

that no lawful impediment be shown to his satisfaction why such certificate should not issue; 

that  the  issue  of  such  certificate  has  not  been  forbidden,  in  manner  hereinafter  mentioned,  by  any 

person authorized in that behalf by this Act; 

that four days after the receipt of the notice have expired, and further,  

that  where,  by  such  oath,  it  appears  that  one  of  the  parties  intending  marriage  is  a  minor,  fourteen 

days after the entry of such notice have expired. 

42.Oath before issue of certificate.—The certificate mentioned in section 41 shall not be issued by 
any  Marriage  Registrar,  until  one  of  the  parties  intending  marriage  appears  personally  before  such 
Marriage Registrar, and makes oath2— 

1. Subs. by the A. O. 1950, for “Native Christians”. 
2. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”. 

11 

 
                                                           
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful 

hindrance, to the said marriage, and 

(b)  that  both  the  parties  have,  or  (where  they  have  dwelt  in  the  districts  of  different  Marriage 
Registrars) that the party making such oath has, had their, his or her usual place of abode within the 
district of such Marriage Registrar,  

and, where either or each of the parties is a minor, 

(c)  that  the  consent  or  consents  to  such  marriage  required  by  law  has  or  have  been  obtained 
thereto, or that there is no person resident in India authorized to give such consent, as the case may 
be. 

43.Petition to High Court to order certificate in less than fourteen days.—When one of the parties 
intending  marriage  is  a  minor,  and  both  such  parties  are  at  the  time  resident  in  any  of  the  towns  of 
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry 
of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the 
Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate 
before the expiration of the said fourteen days required by section 41.  

Order  on  petition.—And  on  sufficient  cause  being  shown,  the  said  Judge  may,  in  his  discretion, 
make  an  order  upon  such  Marriage  Registrar,  directing  him  to  issue  his  certificate  at  any  time  to  be 
mentioned in the said order before the expiration of the fourteen days so required.  

And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance 

therewith. 

44. Consent of father or guardian.—The provisions of section 19apply to every marriage under this 

Part, either of the parties to which is a minor;  

Protest  against  issue  of  certificate.—And  any  person  whose  consent  to  such  marriage  would  be 
required  there  under  may  enter  a  protest  against  the  issue  of  the  Marriage  Registrar’s  certificate,  by 
writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the 
notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name 
and place of abode, and his or her position with respect to either of the parties, by reason of which he or 
she is so authorized. 

Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage 
Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue 
of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it. 

45.Petition where person whose consent is necessary is insane, or unjustly withholds consent.—

If any person whose consent is necessary to any marriage under this Part is of unsound mind,  

or if any such person (other than the father) without just cause withholds his consent to the marriage,  

the parties intending marriage may apply by petition, where the person whose consent is necessary is 
resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if heis 
not resident within any of the said towns, then to the District Judge. 

Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be, 

may examine the allegations of the petition in a summary way;  

and,  if  upon  examination  such  marriage  appears  proper  such  Judge  of  the  High  Court  or  District 

Judge, as the case may be, shall declare the marriage to be a proper marriage.  

Such declaration shall be as effectual as if the person whose consent was needed had consented to the 

marriage;  

and,  if  he  has  forbidden  the  issue  of  the  Marriage  Registrar’s  certificate,  such  certificate  shall  be 
issued and the like proceedings may be had under this Part in relation to the marriage as if the  issue of 
such certificate had not been forbidden. 

46.Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses 
to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where 

12 

 
the district of such Registrar is within any of the towns of  Calcutta, Madras and Bombay, to a Judge of 
the High Court, or if such district is not within any of the said towns, then to the District Judge.  

Procedure  on  petition.—The said Judge  of the  High  Court,  or  District Judge,  as  the case  may  be, 

may examine the allegations of the petition in a summary way, and shall decide thereon.  

The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and 
the  Marriage  Registrar  to  whom  the  application  for  the  issue  of  a  certificate  was  originally  made  shall 
proceed in accordance therewith. 

47. [Petition when Marriage Registrar in Indian State refuses certificate.]Omitted by the A.O. 1950. 

48.Petition  when  Registrar  doubts  authority  of  person  forbidding.—Whenever  a  Marriage 
Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of 
the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his 
district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if 
such district be not within any of the said towns, then to the District Judge.  

Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for 

the order and direction of the Court concerning the same,  

and  the  said  Judge  of  the  High  Court  or  District  Judge,  as  thecae  may  be,  shall  examine  into  the 

allegations of the petition and the circumstances of the case,  

and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not 
authorized  by  law  so  to  do,  such  Judge  of  the  High  Court  or  District  Judge,  as  the  case  may  be,  shall 
declare that the person forbidding the issue of such certificate is not authorized as aforesaid, 

and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such 

marriage as if the issue had not been forbidden. 

1* 

* 

* 

* 

* 

49.Liability for frivolous protest against issue of certificate.—Every person entering a protest with 
the  Marriage  Registrar,  under  this  Part,  against  the  issue  of  any  certificate,  on  grounds  which  such 
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45 
or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable 
for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person 
against whose marriage such protest was entered. 

50. Form of certificate.—The certificate to be issued by the Marriage Registrar under the provisions 
of  section  41  shall  be in  the  form  contained  in  the  Second  Schedule  to  this  Act  annexed  or  to  the  like 
effect,  

and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of 

certificate. 

51.Solemnization  of  marriage  after  issue  of  certificate.—After  the  issue  of  the  certificate  of  the 
Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for 
different districts, after the issue of the certificates of the Marriage Registrars for such districts, 

marriage  may,  if  there  be  no  lawful  impediment  to  the  marriage  of  the  parties  described  in  such 
certificate  or  certificates,  be  solemnized  between  them,  according  to  such  form  and  ceremony  as  they 
think fit to adopt. 

But every such marriage shall be solemnized in the presence  of some Marriage Registrar (to whom 
shall  be  delivered  such  certificate  or  certificates  as  aforesaid),  and  of  two  or  more  credible  witnesses 
besides the Marriage Registrar: 

And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:— 

“I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in 

matrimony to C. D.” 

1. Omitted by the A. O. 1950. 

13 

 
 
 
 
 
 
 
 
 
                                                           
And each of the parties shall say to the other as follows or to the like effect:— 

“I call upon these persons here present to witness that I,  A. B., do take thee, C. D., to be my lawful 

wedded wife [or husband].” 

52.When marriage not had within two months after notice,  new notice required.—Whenever a 
marriage  is  not  solemnized  within  two  months  after  the  copy  of  the  notice  has  been  entered  by  the 
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and 
all other proceedings thereupon, shall be void; 

and  no  person  shall  proceed  to  solemnize  the  marriage,  nor  shall  any  Marriage  Registrar  enter  the 
same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the 
manner aforesaid. 

53.  Marriage  Registrar  may  ask  for  particulars  to  be  registered.—A  Marriage  Registrar  before 
whom  any  marriage  is  solemnized  under  this  Part  may  ask  of  the  persons  to  be  married  the  several 
particulars required to be registered touching such marriage. 

54. Registration of marriages solemnized under part V.—After the solemnization of any marriage 
under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage 
induplicate;  that  is  to  say,  in  a  marriage-register-book,  according  to  the  form  of  the  Fourth  Schedule 
hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.  

The entry of such marriage in both the certificates and the marriage-register-book shall be signed by 
the person by or before whom the marriage has been solemnized, if there be any such person, and by the 
Marriage  Registrar  present  at  such  marriage,  whether  or  not  it  is  solemnized  by  him,  and  also  by  the 
parties  married,  and  attested  by  two  credible  witnesses  other  than  the  Marriage  Registrar  and  person 
solemnizing the marriage.  

Every such entry shall be made in order from the beginning to the end of the book, and the number of 

the certificate shall correspond with that of the entry in the marriage-register-book. 

55. Certificates to be sent monthly to Registrar General.—The Marriage Registrar shall forthwith 
separate  the  certificate  from  the  marriage-register-book  and  send  it,  at  the  end  of  every  month,  to 
the1[Registrar General of Births, Deaths and Marriages].  

Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is 
filled, and shall then send it to the 1[Registrar General of Births, Deaths and Marriages], to be kept by him 
with the records of his office. 

56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950 
57.Registrars  to  ascertain  that  notice  and  certificate  are  understood  by  Indian  Christians.—
When any 2[Indian Christians] about to be married gives a notice of marriage, or applies for a certificate 
from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said  2[Indian Christians] 
understands the English  language, and, if he does not, the Marriage Registrar shall translate, or cause to 
be translated, such notice or certificate, or both of them, as the case may be, to such  2[Indian Christians] 
into a language which he understands; 

or the Marriage Registrar shall otherwise ascertain whether the2[Indian Christians] is cognizant of the 

purport and effect of the said notice and certificate. 

58.Indian  Christians  to  be  made  to  understand  declarations.—When  any  2[Indian  Christians]  is 
married  under  the  provisions  of  this  Part,  the  person  solemnizing  the  marriage  shall  ascertain  whether 
such  2[Indian Christians] understands the English language, and, if he does not, the person solemnizing 
the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such  2[Indian 
Christians], into a language which he understands, the declarations made at such marriage in accordance 
with the provisions of this Act. 

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”. 
2. Subs. by the A.O. 1950, for “Native Christians”. 

14 

 
                                                           
59.Registration of marriages between Indian Christians.—The registration of marriages between 
2[Indian Christians] under this Part shall be made in conformity with the rules laid down in section37 (so 
far as they are applicable), and not otherwise. 

PART VI 

MARRIAGE OF 1[INDIAN CHRISTIANS] 

60.On  what  conditions  marriages  of  1[Indian  Christians]  may  be  certified.—Every  marriage 
between  1[Indian  Christians]  applying  for  a  certificate,  shall,  without  the  preliminary  notice  required 
under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:— 

(1) the age of the man intending to be a married 2[shall not be under 3[twenty-one years]], and the age 

of the woman intending to be married 4[shall not be under 5[eighteen years]]; 

(2) neither of the persons intending to be married shall have a wife or husband still living; 

(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other 

than such person, each of the parties shall say to the other— 

“I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty God, 
and  in  the  name  of  our  Lord  Jesus  Christ,  do  take  thee,  C.  D.,  to  be  my  lawful  wedded  wife  [or 
husband]” or words to the like effect: 

6*    

*  

*  

*  

* 

61.  Grant  of  certificate.—When,  in  respect  to  any  marriage  solemnized  under  this  Part,  the 
conditions prescribed in section 60have been fulfilled, the person licensed as aforesaid, in whose presence 
the said declaration has been made, shall, on the application of either of the parties to such marriage, and, 
on the payment of a fee of four annas, grant a certificate of the marriage.  

The certificate shall be signed by such licensed person, and shall be received in any suit touching the 

validity of such marriages conclusive proof of its having been performed. 

7[62. Keeping  of  register-book  and  deposit of  extracts therefrom with  Registrar  General.—(1) 
Every person licensed under section 9shall keep in English, or in the vernacular language in ordinary use 
in the district or State in which the marriage was solemnized, and in such form as the State Government 
by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized 
under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths 
and Marriages for the territories under the administration of the said State Government, in such form and 
at such intervals as that Government may prescribe, true and duly authenticated extracts from his register-
book of all entries made therein since the last of those intervals.] 

8* 

* 

* 

* 

* 

63. Searches in register book and copies of entries.—Every person licensed under this Act to grant 
certificates  of  marriage,  and  keeping  a  marriage-register-book  under  section  62,  shall  at  all  reasonable 
times,  allow  search  to  be  made  in  such  book,  and  shall,  on  payment  of  the  proper  fee,  give  a  copy, 
certified under his hand, of any entry therein. 

1. Subs. by the Act A.O. 1950, for “Native Christians”  
2. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”. 
3. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978). 
4. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”. 
5. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978). 
6. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978). 
7. Subs. by Act 2 of 1891, s. 4, for s. 62. 
8. Sub-section (2) omitted by the A.O. 1950. 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The 
provisions  of  sections  62  and  63,  as  to  the  form  of  the  of  register-book,  depositing  extracts  therefrom, 
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the 
books kept under section 37. 

65. Part VI not to apply to Roman Catholics. 

Saving  of  certain  marriages.—This  Part  of  this  Act,  except  so  much  of  sections  62  and63  as  are 
referred  to  in  section  64,  shall  not  apply  to  marriages  between  Roman  Catholics.  But  nothing  herein 
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part 
V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865. 

PART VII 

PENALTIES 

1[66.False  oath,  declaration,  notice  or  certificate  for  procuring  marriage.—Whoever,  for  the 

purpose of procuring a marriage or licence of marriage, intentionally,— 

(a)  where  an  oath or  declaration is required  by  this Act,  or  by  any  rule  or custom  of  a  Church 
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church 
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or, 

(b) where a notice or certificate is required by this Act, signs a false notice or certificate, 

shall be deemed to have committed the offence punishable under section193 of the Indian Penal Code (45 
of 1860) with imprisonment of either description for a term which may extend to three years and, at the 
discretion of the Court, with fine.] 

67.  Forbidding,  by  false  personation  issue  of  certificate  by  Marriage  Registrar.—Whoever 
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be adperson 
whose consent to the marriage is required by law, knowing or believing such representation to be false, or 
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205of 
the Indian Penal Code (45 of 1860). 

2[68.Solemnizingmarriage without due authority.—Whoever, not being authorized by section 5 of 
this  Act  to  solemnize  marriages,  solemnizes  or  professes  to  solemnize,  in  the  absence  of  a  Marriage 
Registrar of the district in which the ceremony takes  place, a marriage between persons one or both of 
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten 
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term 
of not less than seven years, and not exceeding ten years,  

3*    

*  

and shall also be liable to fine.] 

*  

*  

*  

69.Solemnizing  marriage  out  of  proper  time,  or  without  witnesses.—Whoever  knowingly  and 
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, 
at any time other than between the hours of six in the morning and seven in the evening, or in the absence 
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with 
imprisonment for a term which may extend to three years, and shall also be liable to fine.  

Saving of marriages solemnized under special licence.—This section does not apply to marriages 
solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary 
,nor  to  marriages  performed  between  the  hours  of  seven  in  the  evening  and  six  in  the  morning  by  a 
Clergyman  of  the  Church  of  Rome,  when  he  has  received  the  general  or  special  license  in  that  behalf 
mentioned in section 10.  

4[Nor  does  this  section  apply  to  marriages  solemnized  by  a  Clergyman  of  the  Church  of  Scotland 

according to the rules, rites, ceremonies and customs of the Church of Scotland.] 

1. Subs. by Act 2 of 1891, s. 5, for s. 66. 
2. Subs. by s. 6,ibid.,for s. 68. 
3. Omitted by the A.O. 1950.  
4. Ins. by Act 2 of 1891, s. 7. 

16 

 
 
 
 
 
 
 
 
                                                           
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any 
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or, 
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to 
such  marriage  has  not  been  obtained,  within  fourteen  days  after  the  receipt  by  him  of  notice  of  such 
marriage,  knowingly  and  wilfully  solemnizes  a  marriage  under  Part  III,  shall  be  punished  with 
imprisonment for a term which may extend to three years, and shall also be liable to fine. 

71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under 

this Act, who commits any of the following offences:— 

(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any  marriage, without 

publishing the notice of such marriage as directed by this Act;  

1[(2)  marrying  after  expiry  of  notice.—after  the  expiration  of  two  months  after  the  copy  of  the 

notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage;] 

(3)  solemnizing  marriage  with  minor  within  fourteen  days,  without  authority  of  Court,  or 
without sending copy of notice.—solemnizes, without an order of a competent Court authorizing him to 
do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the 
receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice 
to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than 
one, and if he himself be not the Senior Marriage Registrar; 

(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which has 

been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof, 

shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to 
fine. 

72.Issuing  certificate  after  expiry  of  notice,  or,  in  case  of  minor,  within  fourteen  days  after 
notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any 
certificate for marriage after the expiration of  2[two months] after the notice has been entered by him as 
aforesaid,  

fourteen days after notice, or against authorized prohibition.—or knowingly and wilfully issuing, 
without the order of a competent Court authorizing him so to do, any certificate for marriage, where one 
of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such 
notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in 
this behalf, 

shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860). 

73.Persons  authorized  to  solemnize  marriage  (other  than  Clergy  of  Churches  of  England, 

Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,  

and not being a Clergyman of the Church of England solemnizing a marriage after due publication of 
banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that 
behalf,  

or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, 

rites, ceremonies and customs of that church,  

or,  not  being  a  Clergyman  of  the  Church  of  Rome,  solemnizing  a  marriage  according  to  the  rites, 

rules, ceremonies and customs of that church,  

issuing  certificate,  or  marrying,  without  publishing  notice  or  after  expiry  of  certificate;—
knowingly  and  wilfully  issues  any  certificate  for  marriage  under  this  Act,  or  solemnizes  any  marriage 
between  such  persons  as  aforesaid,  without  publishing,  or  causing  to  be  affixed,  the  notice  of  such 
marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has 
been issued by him;  

1. Subs. by Act 2 of 1891, s. 8(1), for clause (2). 
2. Subs. by s. 8(2), ibid., for “three months”. 

17 

 
                                                           
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.—
or  knowingly  and  willfully  issues  any  certificate  for  marriage,  or  solemnizes  a  marriage  between  such 
persons  when  one  of  the  persons  intending  marriage  is  a  minor,  before  the  expiration  of  fourteen  days 
after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such 
notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage 
Registrar of the district; 

issuing  certificate  authorizedly  forbidden.—or  knowingly  and  wilfully  issues  any  certificate  the 

issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;  

solemnizing  marriage  authorizedly  forbidden.—or  knowingly  and  wilfully  solemnizes  any 

marriage forbidden by any person authorized to forbid the same; 

shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to 
fine. 

74.  Unlicensed  person  granting  certificate  pretending  to  be  licensed.—Whoever,  not  being 
licensed  to  grant  a  certificate  of  marriage  under  Part  VI  of  this  Act,  grants  such  certificate  intending 
thereby to make it appear that he is so licensed, shall be punished  with imprisonment for a term which 
may extend to five years, and shall also be liable to fine.  

1[Whoever,  being  licensed  to  grant  certificates  of  marriage  under  Part  VI  of  this  Act,  without  just 
cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part 
shall be punished with fine which may extend to one hundred rupees.] 

75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or 
injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated 
extract therefrom,  

or falsely makes or counterfeits any part of such register-book or counterfoil certificates,  

or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated 

extract, 

shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable 
to fine. 

76.Limitation of prosecutions under Act.—The prosecution for every offence punishable under this 

Act shall be commenced within two years after the offence is committed. 

PART VIII 

MISCELLANEOUS 

77.What matters need not be proved in respect of marriage in accordance with Act.—Whenever 
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be 
void merely on account of any irregularity in respect of any of the following matters, namely:— 

(1)  any  statement  made  in  regard  to  the  dwelling  of  the  persons  married,  or  to  the  consent  of  any 

person whose consent to such marriage is required by law; 

(2) the notice of the marriage; 

(3) the certificate or translation thereof; 

(4) the time and place at which the marriage has been solemnized;  

(5) the registration of the marriage. 

78.Corrections  of  errors.—Every  person  charged  with  the  duty  of  registering  any  marriage,  who 
discovers  any  error  in  the  form  or  substance  of  any  such  entry,  may  within  one  month  next  after  the 
discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the 
presence of two other credible witnesses, correct the error by entry in the margin, without any alteration 
of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and 
such person shall make the like marginal entry in the certificate thereof.  

1. Ins. by Act 2 of 1891, s. 9. 

18 

 
                                                           
And every entry made under this section shall be attested by the witnesses in whose presence it was 

made. 

And, in case such certificate has been already sent to the  1[Registrar General of Births, Deaths and 
Marriages],  such  person  shall  make  and  send  in  like  manner  a  separate  certificate  of  the  original 
erroneous entry, and of the marginal correction therein made. 

79.  Searches  and  copies  of  entries.—Every  person  solemnizing  a  marriage  under  this  Act,  and 

hereby required to register the same, 

and  every  Marriage  Registrar  or  1[Registrar  General  of  Births,  Deaths  and  Marriages]  having  the 
custody  for  the  time  being  of any  register  of  marriages,  or  of  any  certificate,  or  duplicate,  or  copies  of 
certificate, under this Act, 

shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or 
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same. 

80.Certified  copy  of  entry  in  marriage-register,  etc.,  to  be  evidence.—Every  certified  copy, 
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register 
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in 
such  register  or  of  any  such  certificate  or  duplicate,  shall  be  received  as  evidence  of  the  marriage 
purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of 
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy. 

2[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General 
of  Births,  Deaths  and  Marriages  3***  shall,  at  the  end  of  every  quarter  in  each  year,  select,  from  the 
certificates  of  marriages  forwarded  to  4[him],  during  such  quarter,  the  certificates  of  the  marriages  of 
which  5[the  Government  by  whom  he  was  appointed]  may  desire  that  evidence  shall  be  transmitted  to 
England, and shall send the same certificates, signed by 4[him] to the 6[Central Government].] 

82. State Government to prescribe fees.—Fees shall be chargeable under this Act for— 

receiving and publishing notices of marriages; 
issuing7[certificates for marriage] by Marriage Registrars, and registering marriages by the same;  
entering  protests  against,  or  prohibitions  of,  the  issue  of  8[certificates  for  marriage]  by  the  said 
Registrars;  

searching register-books or certificates, or duplicates, of copies thereof; 

giving copies of entries in the same under sections 63 and 79. 

The State Government shall fix the amount of such fees respectively, 

and may from time to time vary or remit them either generally or in special cases, as to it may seem 

fit. 

83.  Power  to  make  rules.—9[(1)]  The  State  Government  10[  may,  by  notification  in  the  Official 
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of register-
books, and the preparation and submission of returns of marriages solemnized under this Act.  

11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be 

after it is made, before the State Legislature.] 

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a Local  Government”. 
2. Subs. by Act 13 of 1911, s. 2, for s. 81. 
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule. 
4. Subs. by s. 3 and the Second Schedule, ibid., for “them  respectively”. 
5. Subs. by the A.O. 1937, for “the G. G. in C.”. 
6. Subs. by the A.O. 1948, for “Secretary of State for India”. 
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”. 
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”. 
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984). 
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984). 

19 

 
                                                           
84. [Power to prescribe fees and rules for Indian States.]Omitted by the A.O. 1950. 

85. Power to declare who shall be District Judge.—The State Government may, by notification in 
the  Official  Gazette,  declare  who  shall,  in  any  place  to  which  this  Act  applies,  be  deemed  to  be  the 
District Judge. 

86.[Powers and functions exercisable as regards Indian States.]Omitted by the A.O. 1950. 

87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any 
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to 
the laws of such State. 

88.Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed 
to validate any marriage which the personal law applicable to either of the parties forbids him or her to 
enter into. 

20 

 
 
 
SCHEDULE I 

(See sections 12 and 38) 

NOTICEOF MARRIAGE 

To   

a Minister [or Registrar] of  

I hereby give you notice that a marriage is intended to be had, within three calendar months from the 

date hereof, between me and the other party herein named and described (that is to say):— 

Names 

Condition 

Rank or 
profession 

Age 

Dwelling place 

Length of 
residence 

Church, chapel or 
place of worship 
in which the 
marriage is to be 
solemnized 

District in which the 
other party resides, 
when the parties 
dwell in different 
districts 

.

h
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Witness my hand, this  

day of 

seventy-two 

(Signed) JAMES SMITH. 

[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is 

only to be filled up when one of the parties lives in another district.] 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE II 

(See sections 24 and 50) 

CERTIFICATE OF RECEIPT OF NOTICE 

I,  
day of ,  
the parties therein named and described, delivered under the hand of ,one of the parties (that is to say):— 

notice was duly entered in my Marriage Notice Book of the marriage intended between 

do hereby certify that, on the 

Names 

Condition 

Rank 
profession 

or 

Age 

Dwelling 
place 

Length 
residence 

of 

District in which 
the other party 
resides, when the 
parties dwell in 
different districts 

Church, 
chapel or 
place of 
worship in 
which the 
marriage is 
to be 
solemnized 

.

h
t
i

m
S

s
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.

a
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and that the declaration1[or oath], required by section 17 or 41 of the Indian Christian Marriage Act, 

1872 (15 of 1872), has been duly made by the said (James Smith). 

Date of notice entered  
Date of Certificate given 

The issue of this certificate has not been prohibited by any person 

authorized to forbid the issue thereof. 

Witness my hand, this 

day of seventy-two. 

(Signed) 

This certificate will be void, unless the marriage is solemnized on or before the 

day of 

[The italics in the Schedule are to be filled up, as the case may be, and the blank division thereof is 

only to be filled up when one of the parties lives in another district]. 

1. Ins. by Act 1 of 1903, s. 3, and the Second Schedule. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
SCHEDULE III 
1[(See sections 28 and 31)] 

FORM OF REGISTER OF MARRIAGES 

Quarterly Returns 

of 

MARRIAGES 

FOR 

Calcutta. 

Madras. 

Bombay. 

The Archdeaconry of  

I,  

,Registrar of the Archdeaconry of  

Calcutta. 

Madras. 

Bombay. 

do  hereby  certify  that the annexed  are  correct  copies  of the  originals  and  Official  Quarterly  Returns  of 
Marriage within the Archdeaconry  

Of  

Calcutta, 

Madras,  

Bombay, 

as made and transmitted to me for the quarter, 

Commencing the  

day of    
of in the year of Our Lord 

MARRIAGES solemnized at 

Registrar of the Archdeaconry of 

Allahabad,  

Barrackpore, 

Bareilly, 

Calcutta, etc., etc. 

ending the day 

[Signature of Registrar.] 

Calcutta. 

Madras. 

Bombay. 

When 
married 

Names of parties 

r
a
e
Y

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t
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M

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t

1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “(see section 28)”. 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
SCHEDULE IV 

(See sections 32 and 54) 

MARRIAGE REGISTER BOOK 

Names of Parties 

Age 

Condition 

Number 

When married 

Christian 
name 

Surname 

Day 

Month 

Year 

1 

Rank or 
profession 

Residence at 

the time of 

marriage 

Father’s 
name and 
surname 

 James. 

 White . 

Martha. 

Duncan. 

26 
years. 

17 
years. 

 Widower. 

 Carpenter. 

 Agra… 

William White. 

Spinster. 

…….. 

Agra… 

John Duncan. 

Married in the 

This marriage was solemnized between us 

in the presence of us 

John Smith. 
John Green. 

James 
White, 
Martha 
Duncan, 

24 

 
  
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
 
CERTIFICATE OF MARRIAGE 

Number 

When married 

Names of Parties 

Age 

Condition 

Christian 
name 

Surname 

Day  Month  Year 

Rank or 
profession 

Residence at 
the time of 
marriage 

Father’s 
name and 
surname 

James... 

White... 

26 
years. 

Widower... 

Carpenter 

Agra...... 

1 

Martha... 

Duncan... 

17 years. 

Spinster 

………. 

Agra...... 

William 
White 

Jhon 
Duncan 

Married in the 

This marriage was solemnized between us 

James White, 
Martha Duncan, 

in the presence of us 

John Smith. 

John Green. 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
 
 
SCHEDULE  V.—[Enactments repealed.]  Rep.by  the Repealing  Act,  1938  (1  of 1938),  s.  2  and  the 

Schedule. 

(SCHEDULE V.) 

26 

 
 
